Uncovering the cost, process and acceleration strategies of patent application in Vietnam

In the process of obtaining a Vietnamese patent, it usually takes three years to officially obtain a patent from the time the patent application is submitted or the national phase is entered. However, if the applicant provides the Vietnamese National Office of Intellectual Property NOIP with information on related patent applications in other countries when submitting the application, this long review process will be significantly shortened.

However, it is also important to note that if the invention belongs to the field of medicine or biotechnology and has not been examined in the United States, Japan, European countries, etc., this will lead to a delay in the substantive examination process. Generally, Vietnamese examiners need to refer to the examination results of these countries.

The cost of applying for a patent in Vietnam is about US$2,500 for a patent application submitted through the Paris Convention or the Patent Cooperation Treaty, usually based on a 30-page description and two independent claims.

Vietnam speeds up review process

• Patent applicants can submit a request for accelerated examination to NOIP, but they are required to pay additional fees; however, due to the backlog of patent cases at NOIP in recent years, few requests for accelerated examination are accepted.
• Currently, NOIP has signed PPH project agreements with the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO); however, NOIP only accepts 200 and 100 PPH requests from JPO and KIPO respectively each year.
• Submitting a corresponding patent granted by the United States Patent and Trademark Office (USPTO), Japan Patent Office (JPO), Korea Intellectual Property Office (KIPO) or European Patent Office (EPO) will greatly speed up the examination process.

In the process of assessing the patentability of patent applications filed in Vietnam, the NOIP may use the results of the substantive examination of patent applications conducted by foreign patent offices.